Section 19240.

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(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.

(b) For purposes of this chapter, the following terms have the following meanings:

(1) “Developmental disability” has the definition set forth in Section 4512 of the Welfare and Institutions Code.

(2) “Disability” includes “mental disability” and “physical disability” as those terms are defined in Section 12926, as that section presently reads or as it subsequently may be amended.

(3) “LEAP” means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter.

(4) “Person with a developmental disability” means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act.

(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).

(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

(Amended (as amended by Stats. 2015, Ch. 356, Sec. 2) by Stats. 2020, Ch. 367, Sec. 1. (SB 1264) Effective January 1, 2021. Repealed as of January 1, 2022, by its own provisions. See later operative version amended by Sec. 2 of Stats. 2020, Ch. 367.)


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